The Path to IP Solutions
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FAIRMONT MIRAMAR HOTEL & BUNGALOWS MONDAY - TUESDAY SANTA MONICA, CALIFORNIA MARCH 16-17, 2020 USC GOULD SCHOOL OF LAW | 2020 INTELLECTUAL PROPERTY INSTITUTE Plus: Women in IP Leadership Half-Day Workshop on March 16 presented by USC Gould and ChIPs (separate registration required) 9 FEDERAL JUDGES 20 • Hon. Kara Farnandez Stoll (Fed. Cir.) • Hon. Alan Albright (W.D. Tex.) • Hon. Joseph F. Bataillon (D. Neb.) • Hon. William M. Conley (W.D. Wis.) • Hon. Colm F. Connolly (D. Del.) • Hon. Michael W. Fitzgerald (C.D. Cal.) • Hon. Lucy H. Koh (N.D. Cal.) • Hon. S. James Otero (C.D. Cal.) • Hon. James V. Selna (C.D. Cal.) LUNCHEON KEYNOTE Charles H. Rivkin, Chairman and CEO, Motion Picture Association LEADING ACADEMICIANS Professors Crouch, Farley, Geluso, Greene, Nimmer and Rothman the path to IP solutions MCLE/CPE credits available Register online now at http://gould.usc.edu/cle/ip/ #USCLAWIP Prominent Speakers Join over 600 IP professionals for an unrivaled gathering of national speakers and a sophisticated discussion of emerging issues and best practices in copyright, patent, trademark, trade secret and related fields. Join Judges Stoll (Fed. Cir.), Albright (W.D. Tex.), Bataillon (D. Neb.), Conley (W.D. Wis.), Connolly (D. Del.), Koh (N.D. Cal.), Otero (C.D. Cal.) and Selna (C.D. Cal.) plus prominent government officials, leading academicians, in house counsel, and top practitioners for two days of learning and networking at the beach. Don’t Miss Out The Institute will sell out early, so register online now at http://gould.usc.edu/cle/ip/ Intellectual Property Institute Sponsors We gratefully acknowledge the generous contributions of the following 2020 Institute sponsors: Akerman LLP Lathrop GPM LLP Akin Gump Strauss Hauer & Feld LLP Lewis Roca Rothgerber Christie LLP Alston & Bird LLP LitiNomics, Inc. Alvarez & Marsal Disputes and Investigations, LLC Maschoff Brennan Analysis Group, Inc. McKool Smith Analytics WEST Mitchell Silberberg & Knupp LLP Ankura Consulting Group Morrison & Foerster LLP Arnold & Porter Munger, Tolles & Olson LLP Berkeley Research Group, LLC Nathan Associates Inc. Boies Schiller Flexner LLP NERA Economic Consulting Dennemeyer & Co., LLC Ocean Tomo, LLC Fenwick & West LLP O'Melveny & Myers LLP FTI Consulting Orrick, Herrington & Sutcliffe LLP Gibson, Dunn & Crutcher LLP Paul Hastings LLP Goodwin Paul, Weiss, Rifkind, Wharton & Garrison LLP Google LLC Pillsbury Winthrop Shaw Pittman LLP Greenberg Traurig, LLP Robins Kaplan LLP Hanson Bridgett LLP Russ August & Kabat Hemming Morse, LLP Seyfarth Shaw LLP Hueston Hennigan LLP Sheppard, Mullin, Richter & Hampton LLP InFact Experts LLC Sidley Austin LLP IPP Trial Consulting Signature Resolution Irell & Manella LLP Steinbrecher & Span LLP Jeff Kichaven Commercial Mediation TM Financial Forensics, LLC Jones Day Warner Bros. Entertainment Judicate West Western Digital Corporation Mike Young Mediation Wilmer Cutler Pickering Hale and Dorr LLP King & Spalding LLP Wilson Sonsini Goodrich & Rosati Kirkland & Ellis LLP Winston & Strawn LLP Knobbe Martens Olson & Bear LLP Womble Bond Dickinson (US) LLP Latham & Watkins LLP Women in IP Leadership Workshop Sponsors USC Gould and the LA Chapter of ChIPs thank the following sponsors for their generosity: PLATINUM SPONSOR GOLD SPONSORS SILVER SPONSOR Western Digital Corporation Kirkland & Ellis LLP Bird, Marella, Boxer, Mitchell Silberberg & Knupp LLP Wolpert, Nessim, Drooks, O'Melveny & Myers LLP Lincenberg & Rhow, P.C. Wilmer Cutler Pickering Hale and Dorr LLP BRONZE SPONSOR Wilson Sonsini Goodrich & Sheppard, Mullin, Richter Rosati Foundation & Hampton LLP Please visit our website at http://gould.usc.edu/cle/ip/ for a complete and up-to-date list of Institute contributors. 2 Women in IP Leadership Workshop: MONDAY Defining Success and Redefining What’s Next MARCH 16, 2020 Presented by the USC Gould Intellectual Property Institute and the Los Angeles Chapter of Chiefs in IP (ChIPs) 12:00 PM Workshop Check-In and Registration Separate workshop registration and fee is required. 1:00 PM Welcome and Opening Remarks Laura M. Burson Sheppard, Mullin, Richter & Hampton LLP 1:10 PM Defining Progress: Metrics on Women and Deanna Kwong Diversity in Law Leadership Senior IP Litigation Counsel Hewlett Packard Enterprise Company This panel, moderated by the Dean of UCI’s Law School, Phyllis Turner-Brim will focus on the initiatives firms and companies are using VP, Assistant General Counsel of to promote women and people of color into leadership IP, Technology & Brand Protection positions. Representatives of Diversity Lab will discuss that Starbucks organization’s origins and purpose, as well as share data Jennifer Winslow COO, Diversity Lab from its recent "Blue Chip Survey" about various initiatives Mitch Zuklie that improve leadership opportunities in the law for women Orrick, Herrington & Sutcliffe LLP and diverse attorneys. The panel is rounded out with in- MODERATOR house and outside counsel who have worked with Diversity Dean L. Song Richardson Lab in promoting diversity in the law. Dean and Chancellor's Professor of Law 1.25 hours of MCLE elimination of bias credit available. UC Irvine School of Law 2:30 PM Redefining the Rules of the Game: Voices of Betsy Berkhemer-Credaire Organizational Change Makers CEO, 2020 Women on Boards CEO, Berkhemer Clayton, Inc. From letter writing campaigns to proactive legislative Hon. Holly J. Fujie efforts, various stakeholders will discuss meaningful ways Los Angeles Superior Court to change corporate and law firm culture so that women Fleur Knowsley and people of color gain leadership opportunities, equity, Director and Acting GC, Google Fiber commensurate comp, and lead counsel roles. The panel Cynthia Lock Tregillis discussion will include, among other things, the June 2019 VP, Deputy GC – Contracts, Products & IP letter lawmakers sent to Big Tech and the open letter to law Western Digital Corporation firm partners from 170+ GCs pushing for greater diversity, MODERATOR Annette L. Hurst as well as legislative efforts such as California’s law Orrick, Herrington & Sutcliffe LLP mandating that publicly held companies headquartered in California have at least one female on its board of directors. 1.25 hours of MCLE elimination of bias credit available. 3:45 PM – Networking Break 4:15 PM Redefining Your Future: Debra Baker Strategies to Build Your Brand Managing Director, GrowthPlay Jess Ponce III This panel will focus on creative and constructive ways in Principal Consultant and Coach which women and people of color can market themselves The A Factor to build their personal and professional brands (whether in- Annie Rogaski house or outside counsel) so that their talents, expertise and Chief Operating Officer, Avegant aptitudes can be seen, heard and positively leveraged. Sarita Venkat Head of Global IP Transactions Apple Inc. MODERATOR Christine Lawton Nolan Heimann LLP 5:15 PM Adjournment 3 TUESDAY 2020 Intellectual Property MARCH 17, 2020 Institute Program 7:00 AM Institute Check-In and Continental Breakfast 7:15 – 8:15 AM Copyright Formalities as the Bane of African- Prof. Kevin J. Greene American Artists from Blues to Hip-Hop Professor of Law Thomas Jefferson School of Law African-American music artists are the foundation for the San Diego, CA American music industry, having created entire genres of music, from ragtime and blues to funk music and hip-hop. INTRODUCER However, there has been a wide gulf between the creative Rachel M. Capoccia contributions and innovations of black artists, and their Jeffer Mangels Butler & Mitchell LLP entitlement to ownership and compensation under copyright law. In this talk, Professor Greene will explore the critical role of copyright formalities, such as registration, publication and copyright terminations in facilitating wealth transfers from artists and creators to non-creators like record labels and music publishing companies, with proposals for copyright reform that target the least advantaged in society. 1 hour of MCLE elimination of bias credit available. 8:15 – 8:25 AM Welcome and Opening Remarks Cynthia Lock Tregillis INSTITUTE CHAIR Western Digital Corporation 8:25 – 9:20 AM Looking Over the Horizon Hon. Kara Farnandez Stoll for Patent Litigation U.S. Court of Appeals (Fed. Cir.) Hon. Alan Albright Join prominent Federal Circuit and District Judges as they U.S. District Court (W.D. Tex.) share their views on where we are, where we are going, and what lies over the horizon for patent cases, including Hon. William M. Conley U.S. District Court (W.D. Wis.) trials, damages, experts, the interplay with the Patent and Trademark Appeals Board proceedings, remedies for Hon. Colm F. Connolly U.S. District Court (D. Del.) standard essential patents, statutory subject matter, and other issues. Learn the playbook for the future now. Hon. Lucy H. Koh U.S. District Court (N.D. Cal.) Questions for judges? Submit your questions by email to Hon. James V. Selna [email protected] or through the Institute app. We will U.S. District Court (C.D. Cal.) share your questions anonymously with the judges before MODERATOR the Institute. Morgan Chu Irell & Manella LLP 9:20 – 10:15 AM Copyright and Trademark Litigation: Hon. Joseph F. Bataillon A View from the Bench U.S. District Court (D. Neb.) With nearly 8,000 copyright and trademark cases filed in Hon. Michael W. Fitzgerald federal district courts every year, who better situated to U.S. District Court (C.D. Cal.) comment on copyright and trademark litigation than the Hon. S. James Otero District Judges who preside over those cases? This panel of U.S. District Court (C.D. Cal.) jurists from three different courts will discuss current issues MODERATOR in copyright and trademark litigation and how they can be John C. Ulin addressed effectively in the courtroom. Topics may include Arnold & Porter surviving a motion to dismiss, the use of expert evidence, standards for statutory damages, the work made for hire and fair use doctrines, as well as establishing willfulness, the requirements for recovering an infringer’s profits and more. 10:15 – 10:30 AM – Networking Break 4 10:30 – 11:30 AM IP Rights and Forced Technology Transfer David R.